MT Bar Civil Procedure 2

Question 1

Under M.R.Civ.P. 26, a party in Montana civil litigation must provide initial disclosures within:

Accepted Answer

21 days of the Rule 26(f) conference

Answer

14 days of the scheduling conference

Answer

30 days of the first responsive pleading

Answer

60 days of filing the complaint

Question 2

In Montana, attorney-client privilege protects communications that are:

Accepted Answer

Confidential communications between client and attorney for the purpose of obtaining legal advice

Answer

Made in the presence of third parties

Answer

Communications about future crimes only

Answer

Documents prepared in anticipation of litigation

Question 3

Under the Montana Rules of Civil Procedure, a judgment by default may be entered against a defendant who:

Accepted Answer

Failed to plead or otherwise defend within the time allowed

Answer

Filed a late answer with court permission

Answer

Appeared but did not attend trial

Answer

Disputed personal jurisdiction

Question 4

In Montana civil procedure, a party seeking to amend its pleading after the opposing party has responded must:

Accepted Answer

Obtain written consent of opposing party or leave of court

Answer

File the amended pleading as a matter of right within 21 days

Answer

Wait until the close of discovery

Answer

Refile the entire complaint

Question 5

Montana uses which standard to review a district court's grant of summary judgment on appeal?

Accepted Answer

De novo

Answer

Abuse of discretion

Answer

Clearly erroneous

Answer

Plain error

Question 6

In Montana, the doctrine of res judicata (claim preclusion) bars relitigation of a claim that:

Accepted Answer

Was or could have been raised in prior litigation between the same parties that resulted in a final judgment on the merits

Answer

Involves the same parties and same legal theory only

Answer

Was dismissed without prejudice

Answer

Involves a new defendant not in the prior suit